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WEDNESDAY, APRIL 4

The conference events on Wednesday include the Symposium on ADR in the Courts for court ADR administrators, judges,

neutrals, and researchers. Attendance at the Wednesday Symposium programs is included in the full conference

registration. Those who wish to only attend the Wednesday programs should purchase a one-day Wednesday conference

registration. Other Wednesday events include the ABA Law School Representation in Mediation Competition Nationals and

the ABA Section of Dispute Resolution Leadership and Council Meetings. SYMPOSIUM ON ADR IN THE COURTS

Welcome by Benjamin G. Davis, ABA Section of Dispute Resolution Chair

Plenary: ADR and A2J in These Complex Times

Columbia 1, 2 & 5 (Terrace Level)

9:00 am - 10:30 am

Promoting access to justice (A2J) is a primary goal of many court systems. This plenary session will examine the challenges

to A2J in the current complex times and ways that court ADR programs may foster or impede A2J.

Presenter:

Hon. Eric T. Washington (Ret.)

DC Court of Appeals

Washington, DC

Not for CLE

BREAK

Columbia 6 (Terrace Level) 10:30 am – 10:45 am

Integrating Online Dispute Resolution into the Courts

Columbia 3 & 4 (Terrace Level)

10:45 am – 12:00 pm

Online Dispute Resolution (ODR) is here, and increasingly, courts and legal service providers are recognizing its potential in

expanding access to justice for parties involved in low dollar value civil cases. This session will introduce a variety of ODR

tools and show them in action, as well as addressing some of the potential ethical dilemmas technology can introduce.

Growing out of more than two decades of real-world experience, the presenters will discuss these challenges and share

ideas regarding best practices and important procedural safeguards.

Presenters:

Sheila Purcell

Univ. of Calif. Hastings College of the Law

San Francisco, CA

Colin Rule

Tyler Technologies

San Jose, CA

Susan M. Yates

Resolution Systems Institute

Chicago, IL

General CLE Credit Keywords: Technology, Court ADR


WEDNESDAY, APRIL 4

SYMPOSIUM ON ADR IN THE COURTS

Justice and the Quality of Court ADR


10:45 am – 12:00 pm

Providing fair and efficient justice is among the courts' most fundamental responsibilities. What, then, are courts' quality

assurance obligations when administering ADR programs or referring litigants to an ADR process or practitioner? Panelists

and session participants will share and receive ideas, techniques, and tools to promote and evaluate the quality of court

ADR programs.

Moderated by Rebecca Price, Director, ADR Program, United States District Court, Southern District of New York

Presenters:

Maureen A. Denihan, Esq.

District Court of Maryland

Annapolis, MD

Mandy R. Sarkissian

Dispute Resolution Services, Virginia Judicial

System

Richmond, VA

Nick White

Maryland Mediation & Conflict Resolution Office

Annapolis, MD

Not for CLE Keywords: Court ADR

LUNCH

On Your Own 12:00 pm – 2:00 pm


WEDNESDAY, APRIL 4


I'll Do It My Way: Differences and Their Outcomes in Federal District Court ADR


2:00 pm – 3:15 pm

The Federal Judicial Center recently completed a comprehensive study of ADR in eight federal district courts. The district

courts have wide discretion to design and manage their ADR procedures as they prefer, consistent with demands of the

caseload, preferences of the bar, judges' views of the role of a court, or almost any other factor. Consequently, ADR

procedures vary greatly across districts. In what way? Why? And with what consequences? Moderated by the lead

researcher from the FJC, join this panel of representatives from three study courts as they discuss their courts' ADR

procedures and what the FJC's findings may suggest for ADR policy and practice in the federal courts.

Moderated by Donna Stienstra, Federal Judicial Center, Washington, DC

Presenters:

Howard Herman

U.S. District Court, Northern District of California

San Francisco, CA

Robyn Weinstein

United States Federal Court Eastern District of

New York

Brooklyn, NY

Lori Miller Young

United States District Court - Eastern District of

Missouri

St. Louis, MO

General CLE Credit Keywords: Court ADR


WEDNESDAY, APRIL 4


Court ADR Case Management Systems - Overcoming the Obstacles


2:00 pm – 3:15 pm

Court case management systems typically lack adequate support for administering and tracking cases assigned to ADR. As

a result, court ADR programs often rely on ancillary systems that require duplicate data entry. And, these ancillary systems

don’t include data from the primary system that would be valuable in reporting, evaluating, and improving ADR program

outcomes. Panelists, including experts in court case management systems, and session participants will share and learn

from each other’s experiences addressing these challenges. They will identify approaches to establish robust systems for

managing cases assigned to court ADR programs and administering and evaluating those programs.

Moderated by Alan Wiener, MACRO (MD Judiciary Mediation & Conflict Resolution Office), Annapolis, MD

Presenters:

John Matthias

National Center for State Courts

Denver, CO

Doug Van Epps

Michigan Supreme Court

Lansing, MI

Jamie L. Walter, PhD

AOC, Maryland Judiciary

Annapolis, MD

Not for CLE Keywords: Court ADR, Case Management

BREAK

Columbia 6 (Terrace Level) 3:15 pm – 3:30 pm

Ethically Speaking, Can a Judge Really be a Mediator?


3:30 pm - 4:30 pm

Beyond doubt, a judge at any level of the administrative or judicial system must act in accordance with the highest

expectations of ethical behavior. But current ethical standards for either mediators or judges do not plainly establish

standards for uniquely situated judge-mediators. Are judge-mediators more mediator than judge, or more judge than

mediator? Do the ethical duties of a judge and a mediator conflict, or are the ethical principles for both roles compatible?

Presenter:

John A. Dietrich

ABA NCALJ

Washington, DC

Ethics / Professionalism CLE Credit Keywords: Court ADR, Ethics


WEDNESDAY, APRIL 4


Court ADR Resource Share


3:30 pm - 4:45 pm

Court forms, websites, newsletters, blogs, journals, books... Learn about the resources others working in court ADR find

indispensable and share the resources you use most. At this session you will find answers to issues that are hindering your

court ADR program and you will have an opportunity to share something that really works for you. It will also showcase

resources available at Resolution Systems Institute's online Court ADR Resource Center (AboutRSI.org) since its

renovation. Be sure to bring information about your favorite resource!

Facilitator:

Susan M. Yates


Chicago, IL

Not for CLE Keywords: Court ADR

TOUR AND RECEPTION (TICKETED EVENT, AT NO CHARGE)

Tour of DC Superior Court Multi-Door Dispute Resolution Division 5:00 pm – 6:00 pm

Tour one of the first multi-door programs in the U.S.

❖ DC Multi-Door Dispute Resolution Division, Court Building C, 410 E Street NW, Washington, DC 20001

Educational Program and Reception at DC Court of Appeals 5:30 pm - 7:30 pm

Welcoming Remarks by Chief Judge Robert E. Morin of the Superior Court of the District of Columbia

❖ DC Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001


THURSDAY, APRIL 5

Thursday events include a networking breakfast, The Frank Sander Lecture with Thomas L. Friedman, and concurrent

educational programs throughout the day. The Exhibit Hall will be open all day. The day will conclude with an Awards

Ceremony followed by a networking reception in the Exhibit Hall sponsored by NAM. After the reception there are Dine-

Arounds for conference attendees wishing to join in evening events outside of the hotel. BREAKFAST

Continental Breakfast and Committee Networking Meetings

Columbia 5, 6, 7, & 8 (Terrace Level)

7:30 am – 8:30 am

The following committees will be hosting a networking meeting at breakfast tables. Look for signs on the designated tables

in the Columbia Ballroom:

❖ Ethics in ADR Committee

❖ Securities ADR Committee

❖ Public Policy and Consensus Building Committee

❖ Government ADR Committee

❖ International Committee

The Membership Committee welcomes First-time attendees in the Cardozo room.


THURSDAY, APRIL 5

THURSDAY PLENARY

The Frank Sander Lecture


8:30 am - 9:30 am

Welcome and Introduction by Benjamin G. Davis, ABA Section of Dispute Resolution Chair

Presentation of the D'Alemberte Raven Award to Thomas L. Friedman

The D’Alemberte Raven Award is the highest honor given by the ABA Section of Dispute

Resolution. The award recognizes outstanding service in the field of dispute resolution. The

Award is named for Robert D. Raven and Talbot D’Alemberte, both of whom were ABA

Presidents and Dispute Resolution Chairs who shared a commitment to fostering the

American Bar Association’s leadership in the area of dispute resolution. This award honors an

individual or organization who has through service, research and writing significantly

contributed to the ongoing effort to resolving conflicts.

This year’s award recognizes Mr. Friedman’s writings on foreign affairs and globalization that

have provoked reflection and discussion. His contributions have helped us to understand how

we might navigate and respond to the evolving sources of conflict in an increasingly fast-

paced interdependent world.

Thomas L. Friedman has won the Pulitzer Prize three times for his work at The New York Times. His foreign affairs column

in The New York Times reports on US domestic politics and foreign policy, Middle East conflicts, international economics,

environment, biodiversity and energy. His sixth book, That Used to Be Us: How American Fell Behind in the World We

Invented and How We Can Come Back, co-written with Michael Mandelbaum, was released in 2011. His new book, Thank

you For Being Late: An Optimist's Guide to Thriving in the Age of Accelerations 2.0, was updated and released 2017.

Not for CLE

BREAK

Exhibit Hall 9:30 am – 10:00 am

We recommend using this long break to network, check out our exhibitors, or talk to one of our many presenters.


THURSDAY, APRIL 5

CONCURRENT EDUCATIONAL PROGRAMS, SERIES A

The Detroit Bankruptcy: The Power of Mediation

Columbia 3 (Terrace Level)

10:00 am - 11:00 am

The City of Detroit has emerged from the largest municipal bankruptcy in US history as a model of urban renewal and an

example of the power of mediation. The City’s bankruptcy proceedings may also be a model for municipalities in current

difficulty. Retired Judges Steve Rhodes and Jerry Rosen—best known for their roles in presiding over and mediating

Detroit’s 2013 bankruptcy—will explore key issues in that case together with David Heiman, lead counsel for the City, with a

focus on how mediation enabled creative problem solving and resulted in an agreed upon plan of adjustment in record time.

Moderated by Kevyn D. Orr, Jones Day, Washington, DC

Presenters:

David G. Heiman

JAMS

Cleveland, OH

Hon. Steven Rhodes (Ret.)

JAMS

Detroit, MI

Hon. Gerald E. Rosen (Ret.)

JAMS

Detroit, MI

General CLE Credit Keywords: Mediation, Public Policy


THURSDAY, APRIL 5


When Healthcare Goes Badly: You Don't Have to Litigate to Solve the Problem

Embassy (Terrace Level)

10:00 am - 11:00 am

With life, death and health in the balance, adverse experiences in healthcare can produce particularly high-stress conflicts.

Although physicians and administrators often fear litigation in these situations, predispute mediation can often produce

better resolutions while avoiding the high costs and prolonged antagonisms of lawsuits. This panel describes three very

distinct programs sharing a common goal: using early mediation to provide patients and families with answers, even

apologies, and in many cases a complete resolution. Panelists will describe the University of Pittsburgh Medical Center's

"Intermediation Program," the Department of Defense's "Healthcare Resolutions Program," and the University of Florida's

mandatory mediation program.

Moderated by Haavi Morreim, College of Medicine, Univ of TN, Memphis, TN

Presenters:

Kari L. Aasheim

Healthcare Education Insurance Company

Gainesville, FL

Randall Jenkins

President, University of Florida Healthcare

Insurance Company

Gainesville, FL

Barbara I. Moidel

Walter Reed National Military Medical Center

Bethesda, MD

Chaton Timmel Turner

UPMC

Pittsburgh, PA

Not for CLE Keywords: Health Care, Mediation

Mediation and Civil Protection Orders - An Untenable Pairing or an Innovative

Solution? Civil Stalking Protection Order Mediation Pilot Program in Ohio

Dupont (Terrace Level)

10:00 am - 11:00 am

Civil Protection Order cases have expanded from cases involving intimate partner and family violence, coercion, menacing,

and stalking to also cover landlord/tenant, co-worker disputes, real property controversies, friction between neighbors,

collection matters, and other disputes that are akin to general civil litigation. Learn how Ohio is working with the Center for

Court Innovation and Resolution Systems Institute to pilot an 18 month mediation program for civil stalking protection

orders.

Presenters:

Dick Altman

Fulton/Henry County Common Pleas Court

Napoleon, OH

Judge Joyce V. Kimbler

Medina County Court of Common Pleas

Medina, OH

Diana Ramos-Reardon

Supreme Court of Ohio

Columbus, OH

Jennifer Shack


Chicago, IL

General CLE Credit Keywords: Mediation, Family


THURSDAY, APRIL 5


Rethinking Mediation Advocacy: Practical Strategies Based Upon The Behavioral

Sciences


10:00 am - 11:00 am

Behavioral science data points us in one direction, but modern civil mediation practice is moving us the other way. This

presentation first explores current behavioral science data as to both client and counsel handicapping errors and pitfalls,

then juxtaposes that data against problematic trends in mediation practice today. Based on the speaker’s experience

designing and executing early dispute resolution (EDR) initiatives in his roles as a public company general counsel, the

program then outlines proven strategies and specific fixes for advocates and neutrals that incorporate what the brain

science reveals.

Presenter:

Mark LeHocky

Judicate West

San Francisco, CA

General CLE Credit Keywords: Mediation, Neuroscience, Communication, Skills

Stories from the Trenches: Post Award Issues in Securities Arbitration


10:00 am - 11:00 am

This diverse panel representing all "sides" of securities arbitration will use anecdotes to educate attendees on post award

issues. The presenters will address the following: (i) How to get an award confirmed. It is as easy as it seems?; (ii) What are

the strategies for deciding whether to challenge an award? What are some ways to invoke the narrow grounds for vacatur?

What are the pros and cons of reasoned awards?; and (iii) Post award collection issues including getting paid, settlement

agreements, and enforcement mechanisms.

Moderated by Mara Weinstein, FINRA, New York, NY

Presenters:

Katrina M. Boice

Katrina Boice Law

Los Angeles, CA

Gil Boyce

Kutak Rock

Washington, DC

Janet K. DeCosta

Janet K. DeCosta, P.C.

Washington, DC

Tracey Salmon-Smith

Bressler, Amery & Ross, PC

Florham Park, NJ

General CLE Credit Keywords: Securities, Arbitration


THURSDAY, APRIL 5


Technology Integrated Dispute Resolution: Lessons from here and abroad


10:00 am - 11:00 am

The future is already here. What role is technology playing in dispute resolution? We exchange on lessons from around the

world.

Moderated by Kimberlee Kovach, Kovach Dispute Resolution, Austin, TX

Presenters:

María Mercedes Albornoz

Centro de Investigación y Docencia Económicas

(CIDE)

Mexico City, Mexico

Alberto Elisavetsky

ODR LATINOAMERICA

Ciudad Autónoma de Buenos Aires, Argentina

Not for CLE Keywords: Technology

Staying Neutral in a Biased World: The Neuroscience of Implicit Bias


10:00 am - 11:00 am

Humans are not hard wired toward a particular bias but as a social species we are hard wired to acquire biases, both

explicit and implicit. We will focus on the science behind implicit bias. We will elucidate the evidence that implicit bias

influences behavior and how understanding the neuroscience suggests ways to manage biases in connection with

mediation.

Presenters:

Martha K. McClintock

The University of Chicago

Chicago, IL

Jill S. Tanz

Chicago Mediation Services

Chicago, IL

Ethics / Professionalism CLE Credit Keywords: Neuroscience, Implicit Bias, Skills


THURSDAY, APRIL 5


Ethical Issues in Arbitration and Med/Arb: Problems and Ethical Cures

Fairchild (Terrace Level)

10:00 am - 11:00 am

This interactive program poses real-life scenarios that involve serious ethical issues. This Panel - all experienced arbitrators

- will discuss these problems, challenge the attendees to analyze the critical ethical concerns, and offer solutions for

managing them.

Sponsored by CCA

Presenters:

John R. Holsinger

College of Commercial Arbitrators

Hackensack, NJ

Joshua W. Martin III

Potter Anderson & Corroon LLP

Wilmington, DE

Richard H. Silberberg


New York, NY

Ethics / Professionalism CLE Credit Keywords: Arbitration, Ethics

Using ADR to Resolve Intellectual Property Disputes

Gunston (Terrace Level)

10:00 am - 11:00 am

Intellectual Property (IP) has gone through dramatic changes in recent years as to standards of protection eligibility, proofs,

administrative agency cancellation of granted rights, the Defend Trade Secrets Act, and remedies all leading to increased

uncertainties of outcome, high stakes and certainty of costs and delays. ADR (mediation, arbitration, case assessments)

with an independent experienced single neutral or panel can yield quicker resolution at lower cost as well as greater

confidentiality. We will explore how to reach a resolution effective between the parties and for multiple countries and

multiple issues transcending national boundaries and limits of courts’ jurisdiction and tailored to parties’ needs.

Presenters:

Jerry Cohen

JAMS/Burns & Levinson LLP

Boston, MA

Nirav N. Desai

Sterne, Kessler, Goldstein & Fox

Washington, DC

Marylee Jenkins

Arent Fox LLP

New York, NY

Lisa M. Tittemore

Sunstein Kann Murphy & Timbers LLP

Boston, MA

Skills CLE Credit Keywords: Intellectual Property, Skills


THURSDAY, APRIL 5


Is Third-Party Funding the Elephant in the Room?

Cardozo (Terrace Level)

10:00 am - 11:00 am

Third-party funding, whether for the benefit of plaintiffs, corporate defendants or contingency fee attorneys in both domestic

and international disputes is on the rise. Traditionally, contingency fee attorneys have advanced litigation expenses,

including their fees, which can be seen as a form of litigation funding. What effects do these practices have on decisions to

settle including mediation negotiations and agreements? What can be done to ensure that the parties retain control of

strategic and settlement decisions?

Moderated by Alida Camp, ADR Office of Alida Camp, New York, NY

Presenters:

Charles Agee

Westfleet Advisors

Nashville, TN

Jeanne M. Christensen

Wigdor LLP

New York, NY

Deborah Masucci

Masucci Dispute Management and Resolution

Services

Brooklyn, NY

General CLE Credit Keywords: Third-Party Funding, Mediation, Negotiation

Good Things Come to Those Who Ask: A Workshop to Increase Referrals


10:00 am - 11:00 am

Referrals are the gold standard of business development and the key to a healthy practice. This workshop includes a 7-

point model for effective referral requests, inspiring examples from successful mediators, and interactive discussions and

exercises to help participants increase their comfort level and skill in this area. Participants will share strategies with

colleagues and practice asking for referrals in a risk-free environment. This workshop is appropriate for those refining their

niche or reenergizing their practice as well as for mediators and arbitrators who are just starting out or moving into a full-

time practice.

Presenters:

Eileen Coen, J.D.

Eileen Coen Mediation, LLC

Bethesda, MD

Anna Rappaport

Excelleration Coaching

Washington, DC

General CLE Credit Keywords: Practice Development, Mediation, Arbitration


THURSDAY, APRIL 5


Beyond Smart: Lawyering with Emotional Intelligence--A Critical Edge in

Challenging Times


10:00 am - 11:00 am

Emotional intelligence (EI) is the ability to recognize, understand and regulate our own and others' emotions. Industries

worldwide have incorporated EI into their hiring, training and leadership programs to maximize performance. In contrast, the

legal community has given little notice to the role of emotions. This newly released book from the DR Section discusses EI

for the first time in the unique context of practicing law. Muir identifies the many advantages of EI to individuals and law

practices in these challenging times, how to determine your emotional intelligence, and the steps that raise individual and

workplace EI.

Presenter:

Ronda Muir

Law People Management, LLC

Charleston, SC

Not for CLE Keywords: Communication, Advocacy

BREAK

Focus on First-Time Conference Attendees and Section Members

Exhibit Hall

11:00 am - 11:30 am

Attention conference regulars! Take this opportunity to introduce yourself to a first-time conference attendee. You can tell

who they are by their first-time attendee ribbon (or maybe that glazed look in their eyes as they try to figure out which

concurrent session to attend).

And First-Time attendees! Find someone who looks like they know their way around and introduce yourself. Section of

Dispute Resolution leadership and staff will be mingling to help make connections. Also, take some time to check out our

exhibitors or talk to one of our many presenters.


THURSDAY, APRIL 5

CONCURRENT EDUCATIONAL PROGRAMS, SERIES B

Hybrid Processes Combining Mediation and Arbitration to Apply the Best Process

to the Dispute


11:30 am - 12:30 pm

Hybrid, or mixed mode, dispute resolution draws on the characteristics of mediation and arbitration. Fellows of the College

of Commercial Arbitrators with experience in using hybrid methods will discuss these newer and evolving processes, in both

domestic and international disputes.

Sponsored by CCA

Presenters:

Prof. Thomas Stipanowich

Straus Institute for Dispute Resolution,

Pepperdine University School of Law

Malibu, CA

Edna Sussman

SussmanADR LLC

New York, NY

General CLE Credit Keywords: Arbitration, Mediation, Hybrid Processes

What Does a Prepared Counsel/Client Team Look Like?


11:30 am - 12:30 pm

Settling major litigation takes work. Hear from a full-time mediator and former US Magistrate Judge, a corporation litigation

head, and a deeply experienced outside counsel about what they do to "prethink the end-game." The session will cover

preparing the mediator, internal damages and risk analyses, securing settlement authority, preparation of clients including

reality checks and seeing the other side's positions, preparing for and avoiding impasse, and holding the deal together

through the documentation process. Moderate Q and A from the audience included.

Presenters:

Mark P. Goodman

Debevoise & Plimpton LLP

New York, NY

Joan Humes

Medtronic

Minneapolis, MN

Hon. Janice M. Symchych

JAMS

Minneapolis, MN

General CLE Credit Keywords: Mediation, Negotiation


THURSDAY, APRIL 5


Arbitration Update: Cases, Laws, and Regulations


11:30 am - 12:30 pm

This panel will discuss the most important arbitration issues since the last Spring Conference. This panel will discuss the

United States Supreme Court rulings dealing with arbitration issues, as well as notable federal and state court decisions. In

addition, the panel will cover the timely issues of federal regulation of arbitration, including new rules by the Consumer

Financial Protection Bureau and other federal agencies.

Presenters:

Ronald Aronovsky

Southwestern Law School

Los Angeles, CA

Kristen Blankley

University of Nebraka College of Law

Lincoln, NE

James R. Madison

Arbitrator-Mediator

Menlo Park, CA

Maureen Weston

Pepperdine Law

Malibu, CA

General CLE Credit Keywords: Arbitration, Law of ADR

Disability and Dispute Resolution: Best Practices and Practical Information for DR

Practitioners


11:30 am - 12:30 pm

As peacemakers, inclusivity is key to our effectiveness and core to our values. Too often though, disability is left out when

we talk about diversity, inclusion, and civil rights. This session will explore the intersection of dispute resolution and

disability. Topics include best practices for communicating with deaf and blind lawyers, parties and neutrals; ODR and

website accessibility; accessible print and electronic documents; accommodation policies; disability issues in collaborative

(family law) practice; language and disability awareness; Structured Negotiation and other successful DR strategies for

disability rights claims; disabled mediator issues; and marketing mediation and legal services to the disability community.

Moderated by Lainey Feingold, Law Office of Lainey Feingold, Berkeley, CA

Presenters:

Deepinder Goraya

Washington Lawyers' Committee for Civil Rights

and Urban Affairs

Washington, DC

Debra Patkin

National Association of the Deaf

Silver Spring, MD

Robyn M. Powell, MA, JD

Robyn Powell Consulting, LLC

Framingham, MA

Elimination of Bias CLE Credit Keywords: Skills, Disability, Mediation, Diversity


THURSDAY, APRIL 5


Using Mediation and Arbitration in Healthcare


11:30 am - 12:30 pm

The panelists are active neutrals throughout the US, devoting a substantial part of their practice to healthcare cases. They

will provide an analysis of dispute needs and concerns particular to healthcare and an overview of the many different kinds

of healthcare cases they handle including provider/payor reimbursement disputes; False Claims Act cases; disputes

between hospitals and physicians involving employment, contracts with physician groups, and other emerging deals; M&A

contracts; and risk management controversies with insurers and patient safety claims.

Presenters:

Barbara Reeves

JAMS

Los Angeles, CA

R. Wayne Thorpe

JAMS

Atlanta, GA

General CLE Credit Keywords: Health Care, Mediation, Arbitration

The In-House Counsel Perspective: What Corporate Counsel Really Think About

Mediators, Mediation and Their Own Role in the Process


11:30 am - 12:30 pm

In-house counsel usually pay the bills for mediators in commercial, IP, employment, and construction cases, and they also

participate frequently in mediations. Three experienced in-house counsel representing different industries will share their

insights on (1) what they look for and like in mediators; (2) how they think the mediation process can be improved; and (3)

how they see their own roles as participants in mediation.

Moderated by Joe Esposito, Hunton & Williams LLP, Washington, DC

Presenters:

Susan Dunnings

Lockheed Martin

Bethesda, MD

Charles W. Durant

SAIC

Reston, VA

Lisa MacVittie

Freddie Mac

McLean, VA

Not for CLE Keywords: Mediation


THURSDAY, APRIL 5


EEOC Mediations: Reflections on the Largest Employment Discrimination

Mediation Program in the U.S. for the Private Sector


11:30 am - 12:30 pm

As the EEOC celebrates almost 20 years of mediations across the nation in the area of employment discrimination, we

invite you to join our panel of experts. With 50,000+ mediations conducted since 1999, and $200+ million obtained in

benefits for parties, the most impressive statistics are that over 74% of cases settle and over 90% of parties would

recommend the EEOC's mediation process. Stephen Ichniowski, from EEOC's Headquarters in Washington, Regional

EEOC Supervisors, Katherine Perez and Jennifer Ortiz Prather, along with Professor Patrick McDermott from the University

of Salisbury, will provide programmatic details, share specifics about what makes the program successful, and discuss its

pro bono program.

Moderated by Jennifer Ortiz Prather, EEOC - Houston District Office, Houston, TX

Presenters:

Stephen Ichniowski

EEOC

Washington, DC

E. Patrick McDermott

Franklin P. Perdue School of Business, Salisbury

University

Salisbury, MD

Katherine S. Perez

U.S. EEOC

San Antonio, TX

General CLE Credit Keywords: Government, Employment, Mediation

Debunking Myths and Identifying Pitfalls in Dispute Resolution Best Practices


11:30 am - 12:30 pm

The facilitators will identify four myths that can undermine effective conflict resolution and will present thirteen common

pitfalls in current ADR communication best practices. Alternative methods presented for eliminating pitfalls can transform

the process of gathering information, giving feedback, stating positions, and creating boundaries. Using these methods,

practitioners can enhance transparency, build trust, and prompt clients to take accountability for constructive decision-

making. The session is based on the work of Sharon Strand Ellison (co-presenter), creator of the Powerful Non-Defensive

Communication process, which is designed to enhance skill sets for quickly defusing defensiveness.

Presenters:

Sharon Strand Ellison

Institute for Powerful Non-Defensive

Communication

Sunriver, OR

William Logue

Quinnipiac Law School & The Logue Group

West Hartford, CT

Skills CLE Credit Keywords: Communication, Skills


THURSDAY, APRIL 5


Cutting Edge Research on Behavior in Groups: Implications for Negotiation and

Mediation


11:30 am - 12:30 pm

For the last three years, Neil Rackham has been expanding on his research that led to his 1978 seminal work, "The

Behaviour of Successful Negotiators." Gone is the pen and pencil coding system of yore and in its place is a new app that

can deliver real time feed back to negotiating participants. The app and the research behind it are currently being tested at

Sheffield University. Be on the cutting edge and hear the results. Learn also from Ava J. Abramowitz how those findings can

be effectively used to better understand negotiation and mediation.

Presenters:

Ava J. Abramowitz

George Washington Law School

Washington, DC

Neil Rackham

Sheffield University

Sheffield, England

Skills CLE Credit Keywords: Mediation, Negotiation, Research

LUNCH


EARLY AFTERNOON GATHERINGS

Committee Meetings and Facilitated Dialogues 2:00 pm – 3:00 pm

ABA Section of Dispute Resolution committees and task forces will host meetings and facilitated dialogues.

❖ Mediation Committee…………………………………………………..Columbia 4 (Terrace Level)

❖ Public Policy and Consensus Building Committee…………………Gunston (Terrace Level)

❖ Women in Dispute Resolution Committee…………………………..Columbia 12 (Terrace Level)

Opportunity for Reflection and Appreciation


2:00 pm – 3:00 pm

Join your fellow conference attendees to reflect on the impact and importance of the profession’s leaders we have lost this

year. This is an open space for people to gather, speak if they would like, and to be together for reflection and celebration of

our colleagues.


THURSDAY, APRIL 5

BREAK

Focus on ABA Section of Dispute Resolution Book Authors

Exhibit Hall

3:00 pm – 3:30 pm

We invite you to meet ABA Section of Dispute Resolution Authors who will be available at the Section Table in the Exhibit

Hall to sign books and discuss recent publications from the ABA DR Section.

CONCURRENT EDUCATIONAL PROGRAMS, SERIES C

Verbal Atemi – A Technique for Creative Disruption


3:30 pm - 4:30 pm

Contained within the Japanese martial art of Aikido is Atemi - a strike used to unbalance or distract. This workshop will

explore the concept of verbal Atemi through stories taken from the conflict resolution text, Sweet Fruit from the Bitter Tree:

61 Stories of Creative & Compassionate Ways out of Conflict by Mark Andreas. Join Aikido black belt and conflict resolver

Stephen Kotev as we explore how to apply this technique for creative disruption to high-conflict situations.

Presenter:

Stephen Kotev

www.StephenKotev.com

Silver Spring, MD

Not for CLE Keywords: Mediation, Communication


THURSDAY, APRIL 5


Responding to Mediator Challenges


3:30 pm - 4:30 pm

Mediator challenges happen for all mediators, whether experienced or relatively new. One participant rises and shouts. New

information suddenly emerges at the end of the session, which totally changes the situation. The mediator hears something

in a caucus which the participant doesn't want shared, but which is troubling. One participant isn't represented and may not

be fully knowledgeable as to the consequences of the proposed agreement. These and many other challenges occur during

mediations - and what should we do? This session will present a video of a mediation with challenges. At each challenge,

the video will be paused and the panelists and then the participants in the room will discuss what they would do. At the end,

a list of mediator responses will be provided for all participants as a tool for the future.

Moderated by Ramona Buck, Federal Mediation and Conciliation Service, Washington, DC

Presenters:

Eileen B. Hoffman

FMCS/GWU Law School

Washington, DC

Joyce A. G. Mitchell

Joyce A. Mitchell and Assoc., P.C.

Rockville, MD

Robert J. Rhudy

Senior Mediation and Decision-Making, Inc.

Baltimore, MD

Skills CLE Credit Keywords: Mediation, Employment, Labor


THURSDAY, APRIL 5


Is There A Single Mediation Ethics for All Mediators? General, Problem-Solving,

Transformative, and Narrative Approaches to Mediation Ethics in Theory and

Practice


3:30 pm - 4:30 pm

Mediation practice is highly diversified. There are different styles or models of mediation, with mediators choosing the style

or mixture of styles that suit them best. The most acknowledged styles are Problem-Solving, Transformative, and Narrative

mediation.

It is generally accepted that all mediators must conduct themselves ethically, and that ethical conduct is key to the

professionalization of mediation, its ability to command public trust, and to its success in providing a sustainable appropriate

dispute resolution procedure. But what does ethical practice mean? Does it mean the same for problem-solving,

transformative, and narrative mediators? And if not, what are the differences between these notions of ethics and do they

have practical implications?

Presenters:

Sara Cobb

George Mason University

Washington, DC

Jody B. Miller

Dutchess County Commission on Human Rights

New Paltz, NY

Omer Shapira

Ono Academic College

Kfar-Saba, Israel

Ellen Waldman

Thomas Jefferson School of Law

San Diego, CA

Not for CLE Keywords: Ethics, Mediation


THURSDAY, APRIL 5


What Do Empirical Studies Actually Tell Us About the Effects of Mediator Actions?

You Might be Surprised


3:30 pm - 4:30 pm

The Report of the ABA Dispute Resolution Section Task Force on Research on Mediation Techniques answers some

questions but raises others. Find out: which mediator actions and mediation outcomes have been studied empirically; which

mediator actions appear to have a greater potential for positive than negative effects on settlement and disputants'

perceptions of mediation, and which have more mixed effects; and the limitations of the conclusions we can draw. We also

will discuss the implications of the findings for the mediation field and what next steps (by the Section and others) are

needed to enhance mediation practice.

Presenters:

Bobbi McAdoo

Mitchell Hamline School of Law

St Paul, MN

Gary Weiner

Gary Weiner, Attorney Mediator

Sebastopol, CA

Roselle Wissler

Arizona State Univ. O'Connor College of Law

Phoenix, AZ

Skills CLE Credit Keywords: Research, Mediation

Interim Relief in Domestic and International Arbitration: The Law and the Practice


3:30 pm - 4:30 pm

To obtain a provisional remedy or interim relief in a dispute subject to arbitration is often of critical importance to lawyers.

The choice of seeking such relief from an arbitrator, or a court, is sometimes not apparent. This Panel of experienced

neutrals, all of whom have published articles on the topic, will explore the legal and practical aspects of obtaining interim

relief in domestic and international arbitration. The Panel will describe not only the applicable law, but also the rules of the

commonly-used administering agencies, as well as practical considerations lawyers must take into account.

Presenters:

Marc J. Goldstein

MJG Arbitration & Mediation

New York, NY

Hon. Faith S. Hochberg

Hochberg ADR

New York, NY

Bruce Meyerson

American Arbitration Association

Phoenix, AZ

Skills CLE Credit Keywords: Arbitration, International


THURSDAY, APRIL 5


Using Realistic Measurements of Litigation Risk in the Settlement Process


3:30 pm - 4:30 pm

Decisions on whether to proceed with litigation - or settle - require good predictions about realistic future outcomes.

Litigation risk assessment is a critically important skill that lawyers need to possess, an effective tool for mediators, and is

essential to informed decision-making by clients. In this session, we will present a simple, methodical risk analysis model

which makes room for a thorough assessment of 'process costs', from the client's point of view. We will also discuss ways

that a mediator can navigate such a discussion, without losing neutrality or getting lost in the law and evidence.

Presenters:

Kimberly Cork

ADR Chambers

Toronto, Ontario, Canada

Heather Heavin

College of Law, University of Saskatchewan

Saskatoon, Saskatchewan, Canada

Michaela Keet

University of Saskatchewan

Saskatoon, SK, Canada

Not for CLE Keywords: Mediation, Negotiation, Advocacy

What role for dispute resolution?: Arbitration rule or rule of Arbitration?


3:30 pm - 4:30 pm

This past summer, the Consumer Financial Protection Bureau issued a rule to prohibit pre-dispute arbitration clauses in

consumer financial contracts. Congress has recently passed and the President has signed into Law H.J.Res. 111 which

nullifies the Consumer Financial Protection Bureau's rule prohibiting the use of a pre-dispute arbitration agreement to

prevent a consumer from filing or participating in certain class action suits. During the run up to the Congressional vote, the

Comptroller of the Currency - the federal bank regulator - had expressed concerns about the CFPB rule as had several

banking organizations. At the same time several consumer organizations and even the American Legion weighed in against

the repeal of the rule calling in vain for President Trump to not sign H.J. Res. 111. This panel will examine the arguments on

all sides in this area and what is the likely impact of the nullification of the rule for dispute resolution? What role diversity?

What ADR response?

Presenters:

Henry Allen Blair


St. Paul, MN

Louis Burke

Louis F. Burke PC

New York, NY

Benjamin Davis

University of Toledo College of Law

Toledo, OH

Stephen Ware

University of Kansas

Lawrence, KS

Not for CLE Keywords: Arbitration


THURSDAY, APRIL 5


Three Case Re-enactments for Better Cross-Cultural Understanding: Common

Asian-American Challenges in Dealing with Disputes


3:30 pm - 4:30 pm

How does a person’s race, culture, or national origin impact what you see across the table or in the courtroom? When must

those things be a consideration for you, as an advocate or decision maker? When must those things not be a consideration

for you? The presenters will re-enact portions of three real cases involving Asian Americans to help answer these questions.

Each re-enactment will be followed by an interactive discussion of challenges reflected in the case and what advocates and

decision-makers can and must take away from it.

Moderated by Carol Wong, Justice in Aging, Washington, DC

Presenters:

Naznin Saifi

Asian Pacific American Legal Resource Center

Washington, DC

Navdeep Singh

National Asian Pacific American Bar Association

Washington, DC

Elimination of Bias CLE Credit Keywords: Diversity, Implicit Bias

Managing & Mediating Multi-Party Cases Like a Pro!


3:30 pm - 4:30 pm

AHHH!!! What do I do with all of these people when there's only one of me?! Mediating complex cases with multiple

plaintiffs, multiple defendants, cross-complaining parties, or facilitating large groups can all feel like a 3-ring circus. Doing so

effectively requires strong case management skills and tools before and throughout the mediation, and a lot from the

mediator during the mediation. Working through a detailed checklist, and discussing best practices and process design, we

will arm attendees with understandable tools to make these complex cases of herding cats feel more like a day of confident,

smooth sailing with great results.

Presenters:

Lee Jay Berman

The Mediation Offices of Lee Jay Berman

Los Angeles, CA

Hon. Louise LaMothe

U.S. Dist. Ct. Central Dist. California

Santa Barbara, CA

Skills CLE Credit Keywords: Mediation, Practice Development, Complex Disputes, Facilitation


THURSDAY, APRIL 5


Moving Beyond the Dance: Resilience in the Midst of Intractable Conflict


3:30 pm - 4:30 pm

This session will deepen participants' understandings of experiential, neuroscience-informed ways to prevent escalation in

diverse intractable conflicts. Presenters will give an overview of three recent cases from their work: designing and

implementing community-based sexual assault prevention programs in New Delhi (Bhangoo-Randhawa); educating Muslim,

Jewish and Druze students together in Tzfat, Israel (Efron and LeBaron); and working with Punjabi youth in Vancouver,

Canada to inoculate against radicalization (LeBaron and Bhangoo-Randhawa). Participants will then be engaged in

experiential mapping approaches used in the case studies. The session will conclude with a dialogue on ethical dispute

system design in intractable intercultural conflicts.

Presenters:

Yael Efron

Zefat College School of Law

Shilat, Israel

Karen Bhangoo Randhawa

University of California, Berkeley

Berkeley, CA

Michelle LeBaron

University of British Columbia Allard School of

Law

Vancouver, British Columbia, Canada

Not for CLE Keywords: Neuroscience, Community, Dispute Systems Design

Ombuds: The Value of an Insider-Outsider in Complex Times


3:30 pm - 4:30 pm

As the division in our country deepens, the ability of the federal government to effectively administer the programs and

policies that we depend on diminishes. This, in turn, creates distrust inside and outside government, further hindering its

effectiveness. In these challenging times, federal ombuds – independent insider-outsiders – are invaluable to effective

government. Ombuds are uniquely situated to provide both pertinent information and assistance in resolving issues to

constituents and agencies alike. Moreover, ombuds provide a place perceived as safe—offering a respectful hearing and

credible options — underscoring government as accessible and responsive to the needs and concerns of a diverse array of

stakeholders.

Presenters:

Scott Deyo

Deyo Ombuds Solutions, LLC

Fairfax, VA

Carole S. Houk

chiResolutions, LLC

Chapel Hill, NC

Lauren Marx, MS

chiResolutions, LLC

Washington, DC

General CLE Credit Keywords: Ombuds, Government


THURSDAY, APRIL 5

BREAK

Exhibit Hall 4:30 pm – 4:45 pm

SHOWCASE PROGRAMS

Balance and Efficiency in Design: The Many Touch Points for Dispute Resolution

and Procedural Justice in the Settlement of a Class Action Race Discrimination

Case


4:45 pm – 5:45 pm

This program discusses an innovative claims resolution process. In the wake of Walmart, Professor Lynn Cohn faced the

task of disbursing one of the largest race discrimination class action settlements in an efficient yet individualized manner. In

less than one year, she disbursed claims to the 81% of class members participating. Her process included both a simple

claims form with expedited disbursement and a detailed claims form and individualized interview with increased procedural

justice benefits. Moderator Michael Lewis will lead a discussion among Special Master Lynn Cohn, Lead Class Counsel

Linda Friedman, Mediator Linda Singer, and class representatives about the many aspects of this case including class

action waivers and mandatory arbitration clauses, procedural justice, dispute resolution systems design, and the role of

special master and neutrals.

Moderated by Michael Lewis, JAMS, Inc., Washington, DC

Presenters:

Lynn Cohn

Northwestern Pritzker School of Law

Chicago, IL

Linda D. Friedman

Stowell & Friedman, Ltd.

Chicago, IL

George R. McReynolds

Merrill Lynch

Nashville, TN

Linda R. Singer

JAMS

Washington, DC

General CLE Credit Keywords: Dispute System Design, Complex Disputes, Procedural Justice


THURSDAY, APRIL 5

SHOWCASE PROGRAMS

Re-framing Hate: Practice-Based Ideas for Dispute Resolution's Role Regarding

Hate Incidents


4:45 pm – 5:45 pm

Not-for-profits report a surge in hate incidents across the country. Dispute Resolution practitioners have the skill-set and the

opportunity to support communities responding to hate as well as those developing resilience in advance of a triggering

incident. Grounded by the real-world experience of panelists, this engaging conversation will illustrate how dispute

resolution practitioners can support communities in the face of hate.

Presenters:

Frank Dukes

Institute for Environmental Negotiation, U. of

Virginia

Charlottesville, VA

William Froehlich

Divided Community Project

Columbus, OH

Grande Lum

The Ohio State University Moritz College of Law

Hillsborough, CA

Becky L. Monroe

Lawyers' Committee for Civil Rights Under Law

Washington, DC

Not for CLE Keywords: Public Policy, Community, Mediation

AWARDS CEREMONY

Presentation of the Lawyer as Problem Solver Award, the Representation in

Mediation Competition Trophy, the Section’s Chair Award, and the JAMS Warren

Knight Award


6:00 pm – 6:30 pm

RECEPTION

Conference Welcome Reception

Exhibit Hall, Columbia West (Terrace Level)

6:30 pm - 7:30 pm

Sponsored by:


THURSDAY, APRIL 5

DINE-AROUNDS

Conference Dine-Arounds and Informal Events (Organized by Committees and

Leadership)

7:30 pm

The conference app will list detailed information about each dine-around. The following committees will host Thursday dine-

arounds (please note each attendee pays his/her own costs for the meal):

❖ Mediation Committee

❖ Practice Development Committee

❖ Government ADR Committee


FRIDAY, APRIL 6

BREAKFAST

Continental Breakfast and Committee Networking Meetings


7:00 am – 8:00 am

The following committees will be hosting a networking meeting at breakfast tables. Look for signs on the designated tables:

❖ Arbitration

❖ Court ADR

❖ Employment

❖ Membership

❖ Ombuds

Welcome Remarks by ABA President Hilarie Bass


8:15 am - 8:30 am


FRIDAY, APRIL 6

PLENARY: NEGOTIATION IN THE GOVERNMENT, PART ONE

Welcome and Introduction by Ava J. Abramowitz, ABA Section of Dispute Resolution Long Range Planning Officer

Saying It’s So Does Not Make It So: The Multi-party Negotiation Behind the Repeal

of Don't Ask, Don't Tell


8:30 am - 9:30 am

This panel will explore the behind the scenes multiparty negotiations that lead to the repeal of "Don't Ask, Don't Tell." It

took more than a directive from the President to repeal the policy. Three members of the team that helped spearhead the

Pentagon's review will reflect on the process that was created and the lessons learned for others who may need to gain

wide support for change by Congress, the Executive Branch, government agencies, interest groups, and the public.

At the time the President called for the end of Don't Ask, Don't Tell, the team members focused on getting the review and

assessment done. Only after the fact, did they realize that they had managed a large-scale, multi-party negotiation.

The panel will discuss how the Pentagon facilitated a consensus (mostly so) among military branches, key members of

Congress, and outside interest groups. Their experience is an instructive case study of negotiations and consensus building

on a "hot-button" issue of which many are aware but few know the behind the scene details of how the change was

"negotiated."

Moderated by Hal Abramson, Touro Law Center and US Air Force Academy, Colorado Springs, CO

Presenters:

Jonathan L. Lee

McKinsey & Company

Washington, DC

Colonel Linell A. Letendre

US Air Force Academy

Colorado Springs, CO

The Honorable Joseph M. McDade, Jr.

Acting General Counsel, US Air Force

Washington, DC

Not for CLE


FRIDAY, APRIL 6

PLENARY: NEGOTIATION IN THE GOVERNMENT, PART TWO

Introduction by Nancy Welsh, ABA Section of Dispute Resolution Immediate Past Chair

Friday Plenary


9:30 am – 10:15 am

Tim Kaine, a former civil rights lawyer, is Virginia's junior U.S. Senator. He was

the 2016 Democratic nominee for Vice President, former Governor of Virginia,

Lieutenant Governor of Virginia, and Richmond mayor and city council member.

Kaine is a member of the U.S. Senate Health, Education, Labor and Pensions,

Budget, Armed Services and Foreign Relations Committees. He lives in Richmond

with his wife Anne Holton, former Virginia Secretary of Education, and they have

three adult children.

Presenter:

Senator Tim Kaine

US Senate

Washington, DC

Not for CLE

BREAK



FRIDAY, APRIL 6

CONCURRENT EDUCATIONAL PROGRAMS, SERIES D

Teaching Negotiations in the Military: Is that an Oxymoron?


10:30 am – 11:30 am

This program considers lessons from the military integrating negotiations into its training across military branches. These

new programs are encountering challenges similar to teaching negotiations to litigators. Both the officer and litigator that

have been trained to win on the battlefield or in the courtroom need to adopt a different mindset and approach when

switching to negotiating. Military officers when deployed in hostile regions also face challenges of limited time and deep

distrust that offer negotiation lessons for others. This program will be based on the insights of several military leaders who

are helping to spearhead from within the use of negotiation and the experiences of Professor Abramson who is spending

this academic year as a visiting professor helping the US Air Force Academy build its negotiation program.

Presenters:

Hal Abramson

Touro Law Center and US Air Force Academy


LTC Aram M. Donigian

United States Army


Colonel Linell A. Letendre

US Air Force Academy


Maj Elizabeth McDaniel

USAF JAG Corps

Pentagon, VA

General CLE Credit Keywords: Negotiation, Government

Mediating Construction Defect Claims As Catharsis – Legal And Therapeutic


10:30 am – 11:30 am

Constructive Defect Claims are incredibly complex, expensive, unwieldy and exasperating types of litigation. Numerous

parties, extensive documentation, numerous depositions and competing experts, along with underlying insurance coverage

disputes and parallel declaratory judgment actions, cumulatively present the toughest legal and emotional challenges of the

litigation process. Often these claims involve the emotional trauma of families and pets being displaced from their homes for

long periods of time during long-running and contentious litigation. Clients’ anxiety levels are high.

This program addresses the alternative route of mediation as a cost-effective means to resolve these issues quicker with

the mediation as catharsis –legal and therapeutic approach.

Presenters:

Richard Byrne, Esq.

NAM (National Arbitration and Mediation)

Garden City, NY

Carolyn Crawford

Nationwide Insurance

Columbus, OH

Hon. Peter B. Skelos, Ret'd J.S.C.

NAM (National Arbitration and Mediation)

Garden City, NY

Skills CLE Credit


FRIDAY, APRIL 6


A Package Deal: A Branding & Resume Workshop for Neutrals


10:30 am – 11:30 am

Roll up your sleeves, bring two printed copies of your ADR resume and be prepared to take part in this practical and

interactive workshop - a must for any neutral interested in building their ADR practice. Join Matthew Conger, Director of

ADR Services for the American Arbitration Association's D.C. regional office, and a local D.C. neutral in this highly engaging

session where they will share best practices and offer an opportunity for you to personalize and get real-time feedback on

your resume and/or professional website!

Presenter:

Matthew Conger


Washington, DC

Not for CLE Keywords: Practice Development

Integrating Restorative Justice for Juvenile Crime in Local Court, School and the

Community


10:30 am – 11:30 am

A small team of seasoned professionals will describe Fairfax County, Virginia’s innovative Alternative Accountability

Program (AAP), which integrates the restorative justice efforts of several agencies in a very large county to better address

the challenges of juvenile justice: youth risk factors for criminalization, recidivism, victim needs, and disproportionate

minority contact. Augmenting the county’s agencies, AAP uses the non-profit Northern Virginia Mediation Service (NVMS)

as its organizing hub for agency collaboration and the principal service provider for police referrals involving juvenile criminal

offenses in the community and its public schools.

Presenters:

David T. Deal

Northern Virginia Mediation Service

Falls Church, VA

Elizabeth Jones

Fairfax County Juvenile and Domestic Relations

District Court

Fairfax, VA

Pallas Washington

Fairfax County Department of Neighborhood and

Community Services

Alexandria, VA

First Lt. Andrew Wehrlen

Fairfax County Police Department

Fairfax, VA

Not for CLE Keywords: Restorative Justice, Community, Facilitation, Court ADR


FRIDAY, APRIL 6


Streamlining Arbitration and Promoting Settlement Through Sensible, Active Case

Management


10:30 am – 11:30 am

Active case management by arbitrators can reduce the time and cost of getting to final award while enhancing party- and

counsel autonomy, as well as increasing the chances of settlement. This audience-participation session will discuss specific

techniques such as: (1) the arbitrator posing written questions and tentative observations for discussion at the preliminary

hearing; (2) inexpensive informal discovery methods; (3) direct testimony by written statement and/or in witness-panel

format; and (4) other lessons from the ABA / AAA Code of Ethics as well as the federal Manual for Complex Litigation.

Presenters:

Ingeuneal C. Gray


Houston, TX

Mark Heley

Heley Duncan & Melander PLLP

Edina, MN

D. C. Toedt III

Attorney & Arbitrator

Houston, TX

Skills CLE Credit Keywords: Arbitration

Mediation at the Bedside: Addressing the Complexities of End of Life Decision

Making


10:30 am – 11:30 am

Using role plays adopted from actual bioethical mediations, attendees will have the opportunity to explore the complexity of

end of life decision making and examine some of the successful conflict resolution techniques often used in bioethics

consultations. Presenters will incorporate the role of multidisciplinary bioethics committees, advance directives and the

impact of the more recently legislated POLST (Practitioner Orders for Life Sustaining Treatment) forms in this process. This

program will highlight the increasing role of bioethics mediations as a vehicle to balance the needs of patients, families,

hospitals, health care providers, hospitals and insurers, at a time fraught with emotional conflict.

Presenters:

Ilene Albala

Department of Justice

Washington, DC

Robert E. Margulies

Margulies Wind

Jersey City, NJ

Terri Reicher, JD., LLM

Justice Marie Garibaldi ADR Inn of Court

Pompton Lakes, NJ

General CLE Credit Keywords: Mediation, Elder, Health Care, Family


FRIDAY, APRIL 6


Handling Multi-Claim Construction Disputes: Practical Tips


10:30 am – 11:30 am

Construction arbitrations often involve complex disputes with multiple parties, hundreds of change orders, and project-wide

delays. If not well-managed, the hearings become too lengthy, reducing the ability of counsel and the Panel to move with

alacrity and be cost-effective. Three construction practitioners/arbitrators who have experience presenting and arbitrating

complex disputes will discuss the newest and best practices that resolve construction disputes in a fair manner without

sacrificing content, speed or cost.

Sponsored by CCA

Presenters:

Neal M. Eiseman

Goetz Fitzpatrick LLP

New York, NY

Herbert H. (Hal) Gray, III

Ragsdale Beals Seigler Patterson & Gray, LLP

Atlanta, GA

Judith B. Ittig


Washington, DC

General CLE Credit Keywords: Construction, Arbitration, Complex Disputes

#StayWoke: Lessons from Birmingham, Implementing Critical Cultural

Competency in Mediation Practice


10:30 am – 11:30 am

All eyes were watching: 1963, Birmingham, Alabama - The radical enforcement of racial segregation garnered national and

international attention, bringing the brutality and inhumanity of America's racial order to the forefront of global citizens'

minds. Though significant racial progress has been made throughout Alabama over the past 50 years, the influence of Jim

Crow on cultural biases persist in myriad contexts. Drawing upon the experiences of two award-winning mediators in

Birmingham, this presentation demonstrates how mediators become aware of and competent in managing historical and

contemporary dynamics of race, gender, class and other identity constructs in mediation practice.

Presenters:

Cassandra W. Adams

Samford University, Cumberland School of Law

Birmingham, AL

Martha Reeves Cook

Martha Reeves Cook, LLC

Birmingham, AL

Elimination of Bias CLE Credit Keywords: Public Policy, Mediation, Diversity, Social Justice


FRIDAY, APRIL 6


The Mediator as Village Elder


10:30 am – 11:30 am

Mediation has been practiced for many centuries in societies where people relied on elders for their wisdom and

discernment. This workshop will briefly examine the mediation work of elders from traditional societies (e.g., tribal

communities in Turkey, First Nations of Canada, and traditional Hawai’ian communities) and then consider the applicability

of these techniques in modern mediation. The workshop will conclude with a discussion of ethical and diversity issues

raised by this topic and the personal qualities that make people effective mediators.

Presenters:

G Daniel Bowling

GD Bowling Mediation

Sausalito, CA

Danielle L. Hargrove, Esq.

DLH ADR Solutions

San Antonio, TX

David A. Hoffman

Boston Law Collaborative, LLC

Boston, MA

General CLE Credit Keywords: Mediation, Practice Development

Overcoming impasses in mediation: The potential of creativity against the

constraint of time


10:30 am – 11:30 am

Why are some people able to reach agreement faster and better than others? People in conflict have a natural tendency to

value their own points of view, see the fixed pie and each believing there is only one way out. Under time pressure,

judgments and biases get triggered quickly. How to get out of it? Improv skills can be a powerful tool for deeper

understanding, creative growth, and better outcomes. Tessa invites you to take on an experiential journey through the art

and science of negotiation, using improv games and theory to develop your negotiating and dispute resolution skills.

Presenter:

Tessa Manuello

Legal Creatives

Montreal, Quebec, Canada

Not for CLE Keywords: Mediation, Skills


FRIDAY, APRIL 6


Ethics, Technology, and Dispute Resolution Systems Design


10:30 am – 11:30 am

With the increasing infusion of information and communication technology into virtually every form of dispute intervention

process, courts and ADR programs face important ethical considerations. Should algorithms be impacting and deciding

outcomes? Should software developers be gatekeepers to access to justice? How can technology foster or reduce bias?

Are our ADR ethical standards sufficient to address these questions? Panelists explore ethical principles and standards for

Online Dispute Resolution (ODR), ADR, and Artificial Intelligence, illustrating the challenges and the opportunities they

provide for enhancing access to justice.

Presenters:

Janet Martinez

Stanford Law School

Stanford, CA

Carrie Menkel-Meadow

University of California Irvine Law School

Irvine, CA

Leah Wing

Legal Studies Program, U. of MA Amherst

Amherst, MA

Not for CLE Keywords: Ethics, Mediation, Technology, Dispute Systems Design, Arbitration

BREAK


CONCURRENT EDUCATIONAL PROGRAMS, SERIES E

How to Succeed in Arbitration (By Really Trying): How Good Lawyers Win

Arbitrations and How Good Arbitrators Decide Them


11:45 am - 12:45 pm

Arbitration and litigation are different processes. Advocacy techniques that are effective in court are often failures in

arbitration. And arbitrators can and should approach decision-making differently than judges. This program will explore the

key components of successful arbitration advocacy and decision-making.

Moderated by Hon. Curtis E. von Kann (Ret.), JAMS, Washington, DC

Presenters:

David Hensler

Hogan Lovells US LLP

Washington, DC

Vivien B. Shelanski

JAMS

New York, NY

Skills CLE Credit Keywords: Arbitration


FRIDAY, APRIL 6


The Model Standards: Are They Appropriately Guiding the Practice of Mediation

Today


11:45 am - 12:45 pm

The Model Standards were promulgated in 1994 and revised in 2005. Now, 13 years later, do the Model Standards continue

to appropriately promote the core values of mediation? Using stimulating ethical dilemmas and real-time polling, participants

in this highly interactive session will explore how 21st century developments are addressed by the Model Standards, and

whether the Standards should be updated for our complex times. Areas of exploration include the impact of technology, self-

determination (does it belong to parties or attorney advocates?), safety, access to justice, impartiality and conflicts of

interest of repeat players, mediator styles, process issues such as the use of caucuses, and UPL.

Presenters:

Susan Nauss Exon

University of La Verne College of Law

Ontario, CA

Daniel Rainey

Holistic Solutions, Inc.

Alexandria, VA

Ethics / Professionalism CLE Credit Keywords: Ethics, Mediation

To BS or Not To BS. Is That The Question? (Brain Storming, silly)


11:45 am - 12:45 pm

This informative, entertaining, and interactive session will take a deep look at brainstorming and other techniques used by

mediators to elicit solutions. Research shows that when people generate their own ideas for resolving conflict, they're more

likely to reach lasting agreements. There have been numerous studies on effective team work, creativity in solution

generation, and optimum techniques for brainstorming, all of which may help people not in conflict. But when participants

are entrenched in conflict, the challenge to find solutions is even tougher. Join us to explore the history of brainstorming,

other problem-solving techniques, and ADR research, and learn how they inform our choices in facilitating effective, lasting

outcomes for participants.

Presenters:

Gretchen A. Kainz

District Court of Maryland ADR Office

Annapolis, MD

Jonathan S. Rosenthal

Mediation and Conflict Resolution Office

(MACRO)

Annapolis, MD

Emmett J. Ward

Mediation and Conflict Resolution Office

(MACRO)

Annapolis, MD

Skills CLE Credit Keywords: Mediation, Skills, Research, Communication


FRIDAY, APRIL 6


Mandatory Pre-Dispute Arbitration Agreements - the Pro se Litigant v. the

Experienced Lawyer - Can We "Level the Playing Field?"


11:45 am - 12:45 pm

When arbitration is required by mandatory pre-dispute agreements, consumers, employees, and other citizens sometimes

represent themselves, pro se, and must interact with experienced lawyers. Many pro se litigants lack an understanding of

arbitration and do not represent themselves effectively during in-person hearings. Conversely, many consumers resolve

their disputes through digital computer-based methods. Can the arbitrator ensure fairness? Is digital on-line dispute

resolution a means to resolve disputes more effectively with better outcomes? The panel will examine the ethical quandary

that arbitrators face and consider practical solutions to potentially level the playing field for pro se litigants.

Moderated by Arthur Peabody, Jr., Arthur E. Peabody, Jr. PLLC, Alexandria, VA

Presenters:

David Allen Larson


Saint Paul, MN

Amy J. Schmitz

University of Missouri Columbia School of Law

Columbia, MO

Jean Sternlight

UNLV Boyd School of Law

Las Vegas, NV

Not for CLE Keywords: Arbitration, Pro Se, Advocacy

Democracy and Conflict Over Policy: The State, Local Participation, and People


11:45 am - 12:45 pm

All over the world, democracies face new threats as dialogue about public policy has become increasingly adversarial and

positional. Moreover, people can participate in democracy face-to-face in their communities, but the local, state, and

national governments can make decisions that shape what people can do about policy challenges. What can dispute

resolvers do to foster democratic dialogue? What skills and capacities can we bring to bear as lawyers, facilitators, and

mediators? This session will examine how law shapes and limits dialogue and levels of participation over policy, and how

we can design effective processes and systems given these challenges.

Presenters:

Lisa Blomgren Amsler

Indiana University School of Public and

Environmental Affairs

Bloomington, IN

Mariana H.C. Gonstead

St. Thomas School of Law

Minneapolis, MN

Jessie Lawrence

Lawrence Meeting Resources

Santa Fe, NM

Skills CLE Credit Keywords: Public Policy


FRIDAY, APRIL 6


What Dispute Resolvers Need to Know About Mental Health Concerns


11:45 am - 12:45 pm

1 in 5 people have a diagnosable mental health problem each year. Are you ready for these issues when they impact your

cases? Do you know what to do when a party discloses a mental health diagnosis, when one party accuses another of

having one, or when you suspect a mental health issue? This workshop teaches conflict resolvers to become sensitive,

accessible, and impartial toward parties with mental health needs. We also discuss lessons learned from a recent AAA-

ICDR Foundation project providing mediation skills training to peer specialists living with mental illness.

Presenters:

Dan Berstein

MH Mediate

New York, NY

Maria R. Volpe

John Jay College of Criminal Justice - CUNY

New York City, NY

Not for CLE Keywords: Disability, Mediation, Arbitration, Skills

The Use of ADR in the Federal and State Regulatory Arenas


11:45 am - 12:45 pm

In many regulatory agencies, from state to federal, ADR processes have become part of the menu of options to resolve

regulatory disputes. Join Deirdre McCarthy Gallagher, Rick Miles, and Jerrilynne Purdy, co-authors of the soon to be

published "The Use of ADR in the Regulatory Arena," (Michigan State University Press) to examine ADR in the regulatory

arena, past and present. Explore the effectiveness of a dispute systems system approach to integrate ADR into regulatory

frameworks in a manner that augments, rather than supplants, traditional processes. Reflect on lessons learned, best

practices, and on what the future may hold.

Presenters:

Deirdre McCarthy Gallagher

Voices of Value, LLC

Rockville, MD

Richard Miles

Voices of Value

Catonsville, MD

Jerrilynne Purdy

Alexandria, VA

Not for CLE Keywords: Government


FRIDAY, APRIL 6


What Happens When You Lose Data that You Thought Was Secret and Money that

You Thought Was Secure – Mediating and Arbitrating Cybersecurity Disputes


11:45 am - 12:45 pm

As the last year has shown, protecting data from hackers has become a serious challenge. When data is stolen, there can

be devastating impacts on individuals, companies and even electoral politics. As these disputes percolate into the public

realm, and where legal principles affecting rights and responsibilities may be ambigous, mediation and arbitration may be a

better way to restore order. Participants in this program will learn about the emerging issues in this new field of law and the

parameters of how issues are being resolved. Insurance to protect parties that might be affected by cybersecurity will be

discussed. Efforts to mediate and arbtirate cybersecurity issues will be highlighted. For mediators looking for a niche

practice that may blossom in the future, cybersecurity may be a fertile place to look.

Presenters:

John Bickerman

Bickerman Dispute Resolution, PLLC

Washington, DC

John Buchanan

Covington & Burling LLP

Washington, DC

Sherman Kahn

Mauriel Kapouytian Woods LLP

New York, NY

Serena K. Lee


San Francisco, CA

Skills CLE Credit Keywords: Mediation, Arbitration

How the Preference for Third Party Decision Making and Substantive Expertise in

"Major" Cases Fosters Bias in Neutral and Process Selection


11:45 am - 12:45 pm

Overconfidence and a "clash of cultures" may explain why many lawyers and litigants (before they experience a dispute

resolution process) appear to favor neutrals who have substantive expertise and who use adjudicative and evaluative

interventions. This workshop will explore how those pre-process preferences can clash with litigants' post-process

perspectives and also can create additional barriers for qualified women and people of color who wish to serve as mediators

in large complex commercial disputes. The workshop will explore what can be done in response, including public education,

creation of incentives, procedural and policy changes, research, and reporting.

Presenters:

Marvin E. Johnson

JAMS/CADR

Silver Spring, MD

Nancy Welsh

Texas A&M University School of Law

Fort Worth, TX

Elimination of Bias CLE Credit Keywords: Research, Implicit Bias, Practice Development


FRIDAY, APRIL 6


Prejudice in ADR: Still a Problem in These Complex Times?


11:45 am - 12:45 pm

Troubling issues concerning race, gender, disability, age, identity, and immigration and other percolating topics have

recently accentuated concerns of the disadvantaged in our society. Following up on a rich discussion held among the

panelists about prejudice in ADR that resulted in a symposium held in early 2017 and published papers by the SMU Law

Review, this panel will capture and share key thoughts from those papers. Questions we will explore include: What, if

anything, is working to address prejudice in ADR? What options do have-nots in our society have to help navigate the ADR

process and avoid the consequences of prejudice?

Presenters:

Gilat Juli Bachar

Stanford Law School

Stanford, CA

Pat Chew

Univ. of Pittsburgh/ Harvard Law School

Pittsburgh, PA

Michael Z. Green


Fort Worth, TX

Andrea Kupfer Schneider

Marquette University Law School

Milwaukee, WI

Elimination of Bias CLE Credit Keywords: Diversity, Social Justice

The Global Pound Conference Series - What We Learned, What We Know, Where

We Go


11:45 am - 12:45 pm

Forty years after the first Global Pound Conference (GPC) introduced the idea of a Multi-Door Court House, the

International Mediation Institute initiated the 2016-2017 Global Pound Conference Series in 29 cities, in 23 countries.

Thousands participated, focusing on shaping the future of dispute resolution and providing access to justice. This series

utilized real-time voting technology to allow participants to vote on 20 identical "Core Questions" for each event. The

ensuing discussions and interactions in each city were as diverse as they were interesting. Join some of the organizers and

panelists of the North American Series to find out what we learned, what we know and where we go.

Presenters:

Bryan J. Branon


Seattle, WA

Kathleen Pierz

JAMS

New York, NY

General CLE Credit Keywords: Mediation, Negotiation, Arbitration, Advocacy, International

LUNCH



FRIDAY, APRIL 6

CONCURRENT EDUCATIONAL PROGRAMS, SERIES F

Neutrality and Domestic Violence in Mediation


2:15 pm - 3:15 pm

Even though there is a Domestic Violence screening process before the start of a mediation, not everyone tells the truth. In

this seminar, you will learn how to read possible signs of domestic violence and how to continue the mediation while

maintaining your neutrality as a mediator. You will be given tips on how to find out if there is domestic violence between the

parties, how to move forward with the mediation while remaining neutral and suggestions and coping skills if you are

uncomfortable with proceeding with this particular mediation.

Presenter:

Megan Cyrulewski

Megan Cyrulewski Mediation, LLC

Troy, MI

Not for CLE Keywords: Mediation, Family

Electronic Discovery: Practical Challenges and Working Models for the Modern

Day Mediator, Arbitrator and Litigator


2:15 pm - 3:15 pm

Given that over 90% of information is now stored electronically, it is nearly impossible to effectively resolve a dispute

through mediation or arbitration without addressing the exchange of electronically stored information. This program will

explain the basics of ESI, address the practical challenges that mediators, arbitrators and litigators face, and explore

solutions to common pitfalls that otherwise inhibit the effective resolution of disputes. The course will also explore and

present working e-Discovery models that focus on minimizing costs, and effectively managing the resources of the parties

and counsel.

Moderated by Dean J. DiPilato, Esq., Mackenzie Hughes, LLP, Syracuse, NY

Presenter:

Jaya Sharma

Sharma Dispute Resolution LLC

Madison, WI

General CLE Credit Keywords: Technology, Mediation, Arbitration


FRIDAY, APRIL 6


Does the Arbitrator Have Jurisdiction? And Who Decides the Issue?


2:15 pm - 3:15 pm

Does the arbitrator have authority to decide: his/her own jurisdiction, non-signatories' obligation to arbitrate, third party

joinder, consolidation and related issues? If the arbitrator decides "yes", can the award be vacated for exceeding powers,

the most common ground for vacatur? Recent court decisions reach different results on such issues. In this interactive

program three experienced arbitrators will review and discuss with the audience current law on these topics and techniques

for protecting an award from vacatur.

Presenters:

Gary L. Benton

Gary Benton Arbitration

Palo Alto, CA

Edward Lozowicki

lozowickiADR

Palo Alto, CA

Dana Welch

Welch ADR

San Francisco, CA

General CLE Credit Keywords: Arbitration

Mediation Mythbusters - A Game Show Experience!


2:15 pm - 3:15 pm

Join our simulated game show where experienced attorney-advocate “contestants” from areas such as business,

employment, and construction law will field questions in order to “bust the myths” surrounding mediation. Misconceptions

regarding both private and court-affiliated mediation persist despite decades of increasing recognition and use of the

process. Some arise from widely held, but erroneous, assumptions about the mediation process; some stem from a

fundamental misunderstanding of the mediator’s role; and some result from a lack of knowledge of how the process can be

adapted or customized to benefit a particular case or client. Audience participation will be encouraged.

Moderated by Theodore K. Cheng, ADR Office of Theo Cheng LLC, Princeton Junction, NJ

Presenters:

Cristina I. Flores

Kerr McDonald, LLP

Baltimore, MD

Steve Nickelsburg

Clifford Chance US LLP

Washington, DC

Nicholas Stevens

Starr Gern Davison & Rubin, P.C.

Roseland, NJ

Skills CLE Credit Keywords: Mediation


FRIDAY, APRIL 6


What I'm Reading, 6


2:15 pm - 3:15 pm

What inspires you in your life and work? Join us for the sixth year of What I'm Reading, a panel consisting of several

established ADR scholars and practitioners speaking about a recent book or article (or movie) that particularly resonated

with that person, particularly in light of ADR principles and practices.

Presenters:

James Alfini

South Texas College of Law Houston

Houston, TX

Rebecca Hollander-Blumoff

Washington University

St. Louis, MO

Jennifer Reynolds

University of Oregon School of Law

Eugene, OR

Ana Sambold, Esq.

ADR Services, Inc.

San Diego, CA

Not for CLE Keywords: Legal Educators, ADR Outside the Bubble

What Are You Thinking Now ? 25 Years and Counting: A Roundtable Perspective

Discussion with Former Section Chairs Looking Back -- and Going Forward


2:15 pm - 3:15 pm

In its 25 years of growth and development, the Section has undertaken numerous roles, projects and policies. This

interactive 'fireside chat' with many of the former Section Chairs who now comprise the Distinguished Emeritus Committee

of the Section will provide insight into its work, then, now and in the future. This session is also focused on interaction with

all participants, and gathering input and additional perspectives as well.

Moderated by Kimberlee Kovach, Kovach Dispute Resolution, Austin, TX

Presenters:

Deborah Masucci

Masucci Dispute Management and Resolution

Services

Brooklyn, NY

Bruce Meyerson


Phoenix, AZ

Lawrence R. Mills

JAMS

San Francisco, CA

Not for CLE


FRIDAY, APRIL 6


Shifting Conflict Stories-creating and Claiming More Meaning


2:15 pm - 3:15 pm

This session will assist ADR-Professionals to listen even more deeply to conflict stories, to recognize power-words and

limiting beliefs, to liberate emotions, and to facilitate the parties' more active participation in ADR processes. The panel,

experienced mediators and coaches, will demonstrate how conflict conversations subtly evince recurring themes, reinforce

unstated values, and open-up energy and space to re-envision a positive way-forward. These dialogues can be fused with

increased possibilities when interrupted, challenged, or displaced by the disputant. This session provides techniques to do

so. Participants will learn methods to assist parties to use their stories to deepen self-understanding and create a greater

commitment to bringing their best selves to resolving their disputes.

Presenters:

Sam Hardy

Conflict Coaching International

Perth, WA, Australia

Dr. Cindy Mazur

FEMA

Washington, DC

Cinnie Noble

CINERGY Coaching


Michael West

Michael West & Associates

Pittsford, NY

Not for CLE Keywords: Skills, Communication

Questioning Ourselves: How to Become A Mediator Who Asks "Game-Changing"

Questions


2:15 pm - 3:15 pm

New research shows a direct link between asking elicitive questions and reaching settlement in mediation. This highly

interactive session prepares mediators – and their trainers – to harness the power of effective questioning in mediation.

Presenters will lead session participants through a series of drills, games, and mediation simulation exercises designed to

demonstrate the diversity of question types, their (mis)uses, and techniques for better question construction. In addition,

participants will tackle a question-framing exercise designed to promote option generation. Session participants will also be

encouraged to share their own, favorite tools for teaching questioning in mediation.

Presenters:

Erin Archerd

University of Detroit Mercy School of Law

Detroit, MI

Zena Zumeta

Mediation Training & Consultation

Ann Arbor, MI

Not for CLE


FRIDAY, APRIL 6


Arbitration Activisim: A close look at arbitration agreements in consumer finance

and their effect on the minority consumer


2:15 pm - 3:15 pm

In July 2017, the Consumer Financial Protection Bureau issued a rule prohibiting certain consumer financial product and

service providers from using arbitration clauses in contracts to bar the consumer from participating in any class action

regarding the product or service. While the Rule itself was ultimately disapproved, the issue of the impact of arbitration, as

well as class action litigation, on minority communities in particular, which have been found to be disproportionately targeted

by consumer financial products and services (e.g., home mortgage loans), remains relevant and concerning. This program

seeks to examine the impact of arbitration in consumer finance litigation, and, specifically, its impact on minority

communities.

Moderated by Jennifer Ubiera, Esq., Greater Washington Area Chapter of the National Bar Association, Washington, DC

Presenter:

Gloria Johnson

Gloria Johnson, Esq.

Mitchellville, MD

Stirling S.R. Phillips, Esq.

D.C. Office of Human Rights

Washington, DC

General CLE Credit Keywords: Arbitration, Public Policy, Diversity, CFPB

FOIA and Mediation: Together at Last


2:15 pm - 3:15 pm

The year 2016 marked the 50th anniversary of the Freedom of Information Act and saw both houses of Congress

unanimously pass, and the President sign into law, significant amendments that bolster the use of dispute resolution in

every federal agency’s FOIA process. With 700,000+ requests annually, disputes regularly arise between the public and

federal agencies. Improving communications and resolving disputes save administrative resources and avoid costly

litigation.The amendments also give the Office of Government Information Services (OGIS)--the FOIA Ombudsman--

additional authority and institutional independence. What led to these changes and how are they are improving our original

Open Government law?

Presenters:

Miriam Nisbet

retired

Washington, DC

Alina M. Semo

National Archives and Records Administration

Washington, DC

General CLE Credit Keywords: Government, Mediation


FRIDAY, APRIL 6


So You Want to Be a Mediator: How to Start and Develop a Practice


2:15 pm - 3:15 pm

This will be a highly interactive program where the panel will provide best practices of starting and sustaining a mediation

business. This program will guide participants through the process of developing a marketing plan, creating a business plan,

discuss the benefits and drawbacks of joining an ADR organization and what to expect in the first years of practice. Lead by

very experienced professionals in the ADR industry. Participants will get first-hand knowledge of how to start and sustain a

practice as a neutral.

Moderated by Josephine Bahn Jennison, Federal Deposit Insurance Corporation, Silver Spring, MD

Presenters:

Liz Carter

JAMS

New York, NY

Hon. Martin P. Welch (Ret.)

The McCammon Group

Baltimore, MD

Jeffrey T. Zaino


New York, NY

Not for CLE Keywords: Mediation, Practice Development

BREAK

Exhibit Hall 3:15 pm – 3:30 pm

COMMUNITY AND COMMITTEE RESOURCE SHARES

CANCELLED - Legal Educators' Resource Share


3:30 pm – 5:00 pm

This program has been cancelled. Please visit the Mitchell Hamline exhibit table to share helpful resources you use in your

classes, or jot them down on a flip chart during the Saturday morning breakfast. Bobbi McAdoo and Sharon Press will

collate all the information after the conference and post it to the legal educators' listserv.

Relational Committee Resource Share


3:30 pm – 5:00 pm

Not for CLE


FRIDAY, APRIL 6

COMMITTEE MEETINGS

ABA Section of Dispute Resolution Committee Meetings 3:30 pm – 5:00 pm

❖ Technology Committee……………………………………………..Dupont (Terrace Level)

FRIDAY AFTERNOON EVENT

Living Room Conversations


3:30 pm – 5:00 pm

Dialogue in Complex Times: We have invited Living Room Conversations, an organization providing tools for the public to

engage in friendly yet meaningful conversations with those with whom they may disagree, to introduce their model and lead

attendees in dialogue. Living Room Conversations strives to increase understanding, reveal common ground and allow

people to discuss possible solutions. When people of all walks of life connect, they can begin to bridge the divides that

cause separation. Living Room Conversations co-founder, Joan Blades, will join in conversation with Section Chair, Ben

Davis, to introduce the living room conversation model, which is based on a simple dialogue structure that does not require

a trained facilitator. Following their conversation, the audience will engage in their own conversation. This special Friday

afternoon session will provide an opportunity for attendees to reflect on their conference experience around the theme

Dispute Resolution in Complex Times and discuss topics such as Power & Gender Equity, Money & Values, and American

Culture.

Presenters:

Joan Blades

Living Room Conversations

Benjamin Davis

University of Toledo College of Law

Toledo, OH

Not for CLE

RECEPTION (TICKETED EVENT)

Reception & Tours for Attendees of the Legal Educators’ Colloquium 5:45 pm – 7:30 pm

Hors d'oeuvres & drinks will be served reception style. Howard Law Student Ambassadors will also conduct several ten-

minute tours of the Law School, explaining the historical role of the Law School in the struggle for social justice. The tours

will run from 5:45 pm until 6:20 pm. Please click here to reserve your free ticket.

❖ Howard University School of Law, 2900 Van Ness St NW, Washington, DC 20008

https://americanbar.qualtrics.com/jfe/form/SV_9Zd3ldwKyrtZMZn


SATURDAY, APRIL 7

BREAKFAST

Continental Breakfast


7:30 am – 8:30 am

Sponsored by:

Calling all legal educators! Please share any helpful resources you use in your classes by jotting them down on a flip chart

during breakfast. Bobbi McAdoo and Sharon Press will collate all the information after the conference and post it to the legal

educators' listserv.

LEGAL EDUCATORS’ COLLOQUIUM

Center(s) of Attention: The Past, Present & Future of Law School Dispute

Resolution Centers


8:30 am - 9:30 am

One of the most interesting developments in legal education over the last forty years has been the proliferation of academic

centers, including dispute resolution centers. DR Centers have become core structures in the production of DR scholarship,

teaching, and training. Yet, little is generally known about the origins, development, and current practices of these

organizations. This panel brings together directors from several DR centers to explore issues such as: What factors led to

the creation of the center? What has worked? What has not worked? What does the future hold as these centers become

mature organizations?

Presenters:

Bob Bailey

MU School of Law

Columbia, MO

Art Hinshaw

Sandra Day O'Connor College of Law at Arizona

State University

Phoenix, AZ

Lela Porter Love

Benjamin Cardozo School of Law

New York, NY

Sharon Press

Dispute Resolution Institute Mitchell Hamline

School of Law

Saint Paul, MN

General CLE Credit Keywords: Legal Educators Colloquium


SATURDAY, APRIL 7

LEGAL EDUCATORS COLLOQUIUM

Help Desk: Using Technology in the Classroom


8:30 am - 9:30 am

Do you want to try new technology in the classroom but are afraid? Join Northwestern Law professor Alyson Carrel and

Noah Martin, learning engineer from Georgetown University, to explore innovative ways to incorporate technology in your

courses. Come with your curricular and classroom management challenges and meet one on one with Alyson and Noah to

brainstorm tech-based solutions. Technology doesn’t have to be a distraction or decrease student understanding of the

subject, in fact it has the capability to greatly increase student engagement with the professor, each other, and the material

if thoughtfully incorporated into the curriculum. Before or during the conference, share your challenges using the google

form found here: https://tinyurl.com/ABAtechtools

Presenters:

Alyson Carrel

Northwestern Pritzker School of Law

Chicago, IL

Noah Martin

Georgetown University Designing the Future(s)

Initiative

Washington, DC

Not for CLE Keywords: Legal Educators Colloquium, Technology

COFFEE BREAK

Columbia 1 & 2 (Terrace Level) 9:30 am – 9:45 am


Aiding Adjuncts: Supporting, Developing and Retaining Quality DR Adjunct

Faculty in Tight-Budget Times


9:45 am - 11:00 am

Many, if not most, law schools rely on adjunct faculty to expand and enhance their DR programs and stretch their DR

budgets. This interactive workshop explores ways to attract, develop, and retain adjunct faculty. We will examine various

adjunct faculty organizational models, as well as ways to create a cohesive teaching team and faculty learning community.

We will also explore opportunities and challenges of being and working with adjuncts and exchange (and imagine) methods

to inspire and support excellence for our programs and professional fulfillment for our adjuncts.

Presenters:

Dana L. Curtis

Conflict Resolutio Program, Santa Clara Law

Sausalito, CA

Melinda Gehris

Hess Gehris Solution

Concord, NH

Charles A. Pillsbury

Quinnipiac University School of Law

North Haven, CT

Richard Reuben

University of Missouri School of Law

Columbia, MO

Not for CLE Keywords: Adjuncts, Legal Educators Colloquium


SATURDAY, APRIL 7


Teaching Negotiation Micro-skills: New Videos and Other Options


9:45 am - 11:00 am

How to gather information effectively, before making an offer? How to make a good offer and support it well, or get past an

extreme position, or deal with a stonewaller? Skills like these are crucial to good negotiation but it’s hard to teach them.

We've created vignettes to role play these skills, as well as videos, available for downloading from the Section’s website, to

show lawyers dealing with these challenges. This session will show examples of new video and other materials, then invite

our expert audience to contribute their own teaching ideas and comments.

Presenters:

Marjorie Corman Aaron

University of Cincinnati College of Law

Cincinnati, OH

Dwight Golann

Suffolk University Law School

Boston, MA

Skills CLE Credit Keywords: Legal Educators Colloquium, Negotiation, Skills

COFFEE BREAK

Columbia 1 & 2 (Terrace Level) 11:00 am – 11:15 am

LEGAL EDUCATORS COLLOQUIUM

Advancing Social Justice Through ADR


11:15 am - 12:30 pm

Black Lives Matter. ICE raids. Muslim ban. Racism. Income disparity. LGBTQ rights. What does ADR have to do with

societal issues of the day? Is it merely transactional, a way to cut a deal or settle a case? In this highly interactive session,

panelists ask: "How Does ADR Advance Social Justice?" How do we engage our students in thinking about ADR's

relationship to social justice (SJ)? The panel will facilitate a discussion on the relationship between SJ and ADR and share

pedagogy for bringing SJ into ADR courses. Participants are encouraged to contribute exercises and teaching techniques

they have developed.

Presenters:

Deborah Thompson Eisenberg

University of Maryland Carey School of Law

Baltimore, MD

Eve Hanan

UNLV

Las Vegas, NV

Jonathan Scharrer

University of Wisconsin Law School

Madison, WI

Gail E. Silverstein

University of California Hastings College of the

Law

San Francisco, CA

Not for CLE Keywords: Legal Educators Colloquium, Social Justice, Public Policy


SATURDAY, APRIL 7


The Case Conundrum: Keeping Mediation Clinic Students Engaged Beyond Just

Small Claims Cases


11:15 am - 12:30 pm

This session will explore the experiences of faculty who are involved with mediation clinics. The voluntary nature of most

mediation programs, inconsistent case referrals, increased numbers of "competitor" volunteer mediators and declining court

caseloads create a challenging environment for faculty seeking to ensure mediation opportunities for students. Historically

clinics have developed relationships with small claims or family courts. With declining case numbers, what can be done to

ensure that students have a valuable experience while also fulfilling the clinical hour requirements? What are some creative

partnerships or new fieldwork sources that clinics can develop while still meeting the ABA requirements? Can the role of

faculty in case work be re-thought to help in meeting these goals? Panelists will explore unique opportunities for students

and how clinic faculty can work to enhance learning in the clinical environment. Both in-class and out-of-class experiential

opportunities will be addressed. Finally, the panel will also show how the opportunities discussed can enhance experiential

opportunities in doctrinal ADR courses.

Presenters:

Debra Berman

South Texas College of Law Houston

Houston, TX

Donna Erez-Navot

Cardozo Law School - Kukin Program for Conflict

Resolution

New York, NY

Douglas Frenkel

University of Pennsylvania Law School

Philadelphia, PA

Toby Guerin

Center for Dispute Resolution Maryland Carey

Law

Baltimore, MD

Not for CLE Keywords: Legal Educators Colloquium, Mediation, Clinical Education

LUNCH (TICKETED EVENT)

Legal Educators Colloquium Luncheon

Georgetown (Concourse Level)

12:30 pm – 2:00 pm

Legal Educators Colloquium Luncheon and presentation of the Scholarly Work award to Professor Charles Craver. You will

have the option to add ticket(s) to your cart during online registration checkout.


SATURDAY, APRIL 7


ADR in the International Setting: The Howard Law School World Bank Group ADR

Initiative & the Dominican Republic Human Rights Investigation


2:00 pm - 3:15 pm

This workshop provides an interactive overview of two unique international experiential learning initiatives in ADR developed

by the Howard University School of Law. One program is a collaboration between the Howard University Law School and

the Internal Justice Services of the World Bank Group (the “WBG”). The other is the fact-finding mission in Haiti based on

an integrated stakeholder model for human rights investigations. The development of both programs will be presented by

the panelists along with input from current and past students. The workshop will explore the program development, the

learning goals, and the lessons learned. Participants will learn the challenges and successes created by collaborations with

international partners in the resolution of workplace disputes and human rights investigations.

Presenters:

Carmia N. Caesar

Howard University School of Law

Washington, DC

Nadine A. Chapman

World Bank Group

Washington, DC

Homer La Rue


Washington, DC

John L Woods Jr., Esq


Washington, DC

Not for CLE Keywords: Legal Educators Colloquium


SATURDAY, APRIL 7


Toward Integrating ADR Teaching, Writing, Theory, and Practice


2:00 pm - 3:15 pm

During this highly interactive session, attendees will learn cutting-edge ideas on how to more effectively integrate ADR

teaching, writing, theory and practice. The panel will explore (1) Ideas on how to more effectively integrate our own (and

others') scholarship into the classroom, especially in role play debriefs; (2) To what extent can we use role plays and other

exercises that are good at integrating legal substance, theory, skills, and practice; and (3) What are some teaching ideas

and experiences that inform and inspire our scholarly research, and vice versa.

Moderated by Peter Reilly, Texas A&M School of Law, Fort Worth, TX

Presenters:

Cynthia Alkon


Fort Worth, TX

Hiro N. Aragaki

Loyola Law School

Los Angeles, CA

Rishi Batra

Texas Tech University School of Law

Lubbock, TX

Noam Ebner

Creighton University

Omaha, NE

Elizabeth Tippett

University of Oregon School of Law

Eugene, OR


COFFEE BREAK

Columbia 1 & 2 (Terrace Level) 3:15 pm – 3:30 pm


SATURDAY, APRIL 7


Are Neutrals Born or Made?


3:30 pm - 5:00 pm

Many law schools today provide experiential and clinical opportunities for students to advocate in ADR settings through

FINRA Clinics, and the VIS and ABA Arbitration and Representation in Mediation Competitions. This program will examine

whether there is utility in training law students to be neutrals through law faculty, student, practitioners’ lenses. Should legal

education train law students to be mediators and arbitrators? Law faculty, practitioners, and former students will discuss

whether neuturals are born or made!

Presenters:

Mary A. Bedikian

Michigan State University College of Law

East Lansing, MI

Samantha Duncan

American Federation of Government Employees,

AFL-CIO

Washington, DC

Bryan H. Levy

Bryan H. Levy P.C.

Farmington Hills, MI

Brian Pappas

Boise State University

Boise, ID

Edward H. Pappas

Dickinson Wright PLLC

Troy, MI



SATURDAY, APRIL 7


Lessons From the Stone Soup Project and Ideas for the Future


3:30 pm - 5:00 pm

This program will discuss, assess, and build on the Stone Soup Dispute Resolution Knowledge Project's inaugural year. DR

faculty, students, and practitioners have collaborated in the production and dissemination of valuable qualitative data about

actual dispute resolution practices. Stone Soup faculty assign students to conduct interviews about actual cases and/or

conduct “focus group classes” with guest speakers. In this program, Stone Soup faculty will describe their experiences,

answer questions, and brainstorm with the audience. Faculty, students, and practitioners are enjoying and benefiting from

this project. Come find out how you can too. For more information: http://law.missouri.edu/drle/stone-soup/.

Presenters:

Kelly Browe-Olson

UA Little Rock Bowen School of Law

Little Rock, AR

Carolyn Wilkes Kaas

Quinnipiac University School of Law

Hamden, CT

John Lande

University of Missouri School of Law

Columbia, MO

Dr. Martha E. Simmons

Osgoode Hall Law School


Gemma Smyth

Faculty of Law, University of Windsor

Windsor, Ontario, Canada


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